Justice T G Shivashankare Gowda celebrates his 61st birthday today.
Hon’ble Mr. Justice Talkad Girigowda Shivashankare Gowda was born on 1:2:1963. Native of Talakad, T. Narasipura Taluk, Mysore District. Enrolled as Advocate and practiced at Srirangapatna. Appointed as Munsiff on 08.02.1995. Appointed as District Judge on 06.07.2009. Served as Prl. District & Sessions Judge at U.K. Karwar. Served as Central Project Co-ordinator (Computers), Registrar (Computers) and Registrar General at High Court of Karnataka. Sworn-in as Additional Judge of the High Court of Karnataka on 16.08.2022.
Important judgments delivered by Mr. Justice T G Shivashankare Gowda.
”Speculative litigation causing huge loss of judicial time”. Karnataka High Court reverses specific performance judgement against Jamnalal Bajaj Seva Trust with exemplary costs.
https://www.dakshalegal.com/judgements/actionView/jLYqu3CwODYQ6yf2v4U0iM4yd
Education. Admission of students pursuant to interim order cannot be sustained if it results in violation of Article 14 of the Constitution of India. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/ZIbKGptLgjl3L1cxDSu6Q9Di3
Medical Colleges Regulation. Bar against conducting inspection two days before and after important religious and festival holidays under Regulation 8(3)(1) applies only to Government notified holidays. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/WF7ivbdtkFE1eZMuV812ifFAH
Motor Vehicles Act. Burden of proving that the deceased driver did not possess valid driving licence at the time of the accident is upon the Insurance Company. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/45cY1jA2dOzNQ7M2NB5RANC8n
Arbitrary action of the Karnataka Examination Authority in allotment of post graduate medical seat. Karnataka High Court imposes cost of Rs. 5 lakhs with a direction to allot the seat to the deserving candidate.
https://www.dakshalegal.com/judgements/actionView/qTXxKZWLrrWSrfxtcEMipSUEN
Motor Vehicle Cases. If accident aggravates already existing decease which results in death, claim petition cannot be rejected for want of nexus. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/LHwoPBiOSCFsmZ439BXkHVucc
Criminal trial. In a case resting on circumstantial evidence, motive plays a crucial role. Motive is a double-edged weapon, which will cut either side of the case. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/ONEImVpFkuwTE0O7NE93h8sWK
“Case of the prosecution in entirety is found to be doubtful and is full of inconsistencies”. Karnataka High Court acquits the accused in RTI activist Lingaraju murder case.
https://www.dakshalegal.com/judgements/actionView/7ESptiW1T0lwUWU2fELME2RFA
Criminal trial. Insistence of plurality of witnesses in proof of any fact will indirectly encourage subornation of witnesses. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/bzKnZ5IOekWAjffAPiAYxoFzN
MVC Case. Split multiplier. Higher multiplier for the salary component and lower multiplier for the pension component is justified when the person had no future prospect of re-employment. Karnataka High Court explains.
https://www.dakshalegal.com/judgements/actionView/rF9w2HacF7tOstqC4XzSmHFCN
Karnataka Value Added Tax Act, 2003. Mobile phone chargers sold along with mobile phone in a composite pack attracts tax at the same rate as applicable to mobile phones and cannot be taxed at higher rate as unscheduled goods. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/7CfyFm9UZudtXoWZKRRqaHsmz
Central Goods and Services Tax Act. Pre-paid Payment Instruments of Gift Vouchers, Cash Back Vouchers and E-Vouchers do not fall under the category of goods and services and they are exempted from levy of tax. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/aDZVW79JQIjtSznmLBt2vtWCC
Insurance against acts of fraud or dishonesty committed by agent. Issuance of a fake bank guarantee by agent is a dishonest act and hence covered under the Insurance Policy. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/Mt2HKTYvVEmunM3nvEQrp9bcd
“Interest of the child is paramount in cases under the POCSO Act and the Court cannot appreciate the evidence on sentimental values.” Karnataka High Court sets aside the acquittal of the sexual offender.
https://www.dakshalegal.com/judgements/actionView/v4DaRpswmkujb2pDOyNZZ4abK
“Removing minor girl from the lawful custody of parents is clear case of kidnap”. Karnataka High Court convicts the accused while confirming his acquittal for the offence under the POCSO Act.
https://www.dakshalegal.com/judgements/actionView/z9lwayrdyWmzkfEGYLRyu9IPZ
Summary suit based on written contract. There is no requirement that the written contract should be signed by both the parties. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/zlfc7hBTG1YjEbEgb78yK5ZnM
‘’Mother is more concerned about her career prospects than the welfare of the child’’. Karnataka High Court extensively interacts with the child and grants custody to the father with visitation rights to the mother.
https://www.dakshalegal.com/judgements/actionView/kEhkwmQwodDfmj3GCmad3Xwki
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